Government reports further progress on Grenfell Inquiry reforms and signals major regulatory overhaul

The Ministry of Housing, Communities and Local Government (MHCLG) has completed a further five of the 58 Grenfell Tower Inquiry Phase 2 report recommendations, which relate to the construction industry, fire and rescue services and the protection of vulnerable people.

These are recommendations 2, 17 and 25 (construction industry), recommendation 29 (fire and rescue services) and recommendation 39 (vulnerable people).

In the progress report, the MHCLG said that it remains on track to deliver all of the inquiry recommendations within four years. 

Announcing the progress made since September when the MHCLG published its second quarterly update report, Samantha Dixon, Minister for Building Safety, Fire and Democracy, also outlined "significant steps" that the government is taking to reform the built environment by tackling "fragmentation and complexity in the regulatory system" and making sure "those responsible for building and fire safety are competent".

These cover a prospectus and consultation on creating a Single Construction Regulator; the Fire Engineers Authoritative Statement and Next Steps Document; and results of the Building Safety Regulator’s (BSR) initial review of the definition of higher-risk buildings and plans for an ongoing review.

Single Construction Regulator consultation

In a House of Commons written statement, published last week (17 December), Dixon announced the publication of the Single Construction Regulator Prospectus: Consultation Document, which lays out the Labour administration’s vision for a more rigorous regulatory system. 

In her statement, the minister explained how the government intends to tackle the “fragmentation” of the current system by integrating the regulation of buildings, construction products and professionals so they work as an effective system. The single construction regulator, she added, will be positioned at the heart of this new approach to consolidate the delivery of regulatory functions.

The prospectus also outlines the next steps in the government’s wider programme of regulatory reform, including reforms to the Construction Products regime, which Dixon said will be published in a Construction Products Reform White Paper by next spring. In addition, the government will publish a new overarching strategy for the built environment professions due for publication in spring 2027.

The government explains that the Construction Products Reform White Paper will set out its plans to take forward an “ambitious system-wide reform of the construction product regulations” with the immediate delivery of any new functions, subject to a transitional approach before it ultimately becomes the responsibility of the single construction regulator.

On the subject of regulating building professions, the government notes, "the competence, capacity and conduct of those working in the built environment – from initial planning and design, construction and fit-out, through to ongoing maintenance, retrofit and demolition – is a critical determinant of building safety, quality and performance."

While the Labour administration adds that it is committed to implementing specific reforms set out in the Inquiry’s report, it believes it needs to go further than covering the areas the Inquiry highlighted and take a "more holistic view of regulation, competence and culture" across the built environment.

"We will publish a new long-term strategy for the building professions, including wider trades and occupations, which sets out a clear, unified plan for regulatory and non-regulatory reform at government, industry and individual level," it says.

"This will sit alongside parallel reforms to building regulations and construction products to provide long-term benefits for building safety, quality and productivity, as well as supporting greater capacity, skills and investment in the workforce.”

Commenting in her statement, Dixon said: “The purpose of this reform is a more effective regulatory system, which means better outcomes for residents and building users; clarity and certainty for industry and investors; and a fairer system, that benefits those who prioritise safety and quality and sets clear accountabilities for all actors with a stake in the built environment."

The minister explained that progress on creating a single construction regulator has already been made through the significant reforms made to the BSR. Having “strengthened leadership” and made steps to overcome “operational challenges”, Dixon said MHCLG was undertaking work to establish the BSR as a new arm’s length body sponsored by the government department.

This new set up, she argued, will provide "a singular focus for this complex area of regulation, clearer lines of accountability to ministers and Parliament, and greater operational flexibility while retaining its regulatory independence". 

The minister added that further reform, including the integration of additional responsibilities will be managed through a phased approach. 

The consultation will run until 20 March and the MHCLG is encouraging as many responses to its proposals as possible. 

Fire Engineers Authoritative Statement and Next Steps Document

Following on from the formation of the Fire Engineers Advisory Panel in April, the government announced its commitment in September to publish an authoritative statement (recommendation 17) on the knowledge and skills that a competent fire engineer would be expected to have.

In her statement this week, Dixon announced the publication of the Fire Engineers Authoritative Statement (https://www.gov.uk/government/publications/fire-engineering-profession-reform), supported by a Next Steps Document, which will set out MHCLG’s approach to the Grenfell Tower Inquiry Phase 2 report recommendations 15, 16 and 18. 

In the statement, the Fire Engineers Advisory Panel says that fire engineers should operate consistently on the same principles as other engineering disciplines, a position the government agrees with.

"This means that, long-term, the development of a competent fire engineer will be a structured process that must involve (at least both of) formally accredited education and supervised professional experience," notes the statement.

In addition, the government accepts the principles that the title and function of the fire engineer should be regulated in statute; that preparing the fire safety strategy should be the central, protected function of a regulated fire engineer; and that other built environment disciples need to acquire more detailed understanding fire engineering and the role of the fire engineer in order to produce consistently fire safe buildings. 

The statement also identifies two areas that the panel considers essential to managing increasing building complexity and reducing life-safety risks.

The first is expanding the scope of buildings and critical infrastructure that require a fire safety strategy beyond the existing definition of a higher risk building, based on a holistic approach that considers design complexity, usage or occupancy demographics. The second is introducing a periodic review of the fire safety strategy during occupation, to ensure it is still fit for purpose as building use evolves and as maintenance works are undertaken.

The government says it will undertake further analysis of this advice and, where required, consult on a proportionate approach. 

"Together, these publications provide clarity for the sector and signal the start of wider reforms to make sure the fire engineering profession is fit for the future," Dixon said.

Higher-Risk Buildings review publication

Dixon has also announced the publication of the findings from the BSR’s initial review of the definition of higher-risk buildings alongside the regulator’s plans for an ongoing review.

As the minister explains in her statement, the initial review found that "the current definition appropriately reflects the available evidence on risks to individuals from the spread of fire and structural failure".

Although no changes will be made to the regime’s scope for now, Dixon said the "ongoing review will ensure the data and evidence is regularly assessed to determine whether the categories of building subject to the higher-risk regime should be amended in any way". 

The presence of vulnerable individuals within designated building types will remain central to any assessment of risk, she added.

Approved Document B Consultation

Finally, the minister announced that the government plans to launch a public consultation shortly on proposed updates to Approved Consultation B, the statutory fire safety guidance within the Building Regulations.

Dixon explained that the purpose of the consultation is to "seek views on targeted clarifications and technical changes, including new provisions for evacuation lifts in residential buildings above 18m, alongside measures to improve clarity and strengthen confidence in guidance".

She added: "These updates will be an important step in supporting inclusive design, safe evacuation strategies, and maintaining robust fire safety standards across the built environment."